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Writer's pictureAmy Duffy-Barnes

The Obligations of U.S. Public Schools to Provide Special Education Services to Neurodivergent Students, Even if They Are Getting Good Grades


Public Schools often Refuse Accommodations, IEPS, 504s and Supports to ADHD and Autistic Students
Public Schools often Refuse Accommodations, IEPS, 504s and Supports to ADHD and Autistic Students

"Not only are these children getting left behind, but some schools seem to be purposefully running them over with the school bus. As a former school social worker and member of the autistic community I am appalled by so many public schools blatant disregard for the long term emotional, social and academic success of their neurodivergent students. If you want to know why the estimated unemployment rate of the autistic population is 85%, it starts with the public school system." - Amy Duffy-Barnes, LMSW Clinical


Public schools in the United States have a legal and moral obligation to provide special education services to students with disabilities, including Autism Spectrum Disorder (ASD), regardless of their academic performance. One of the key legal frameworks that guide the delivery of these services is the Individuals with Disabilities Education Act (IDEA). IDEA specifically states that a child with a disability does not need to fail or be held back to be eligible for special education services. As IDEA clarifies:

"The school must provide special education to an eligible child with a disability ‘even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade.’”

The law ensures that academic success alone does not disqualify a student from receiving accommodations. This provision is essential for students who, while performing well in school, may still struggle in other critical areas, such as social interaction, emotional regulation, or daily executive functioning.

Misconceptions Based on Academic Performance

There is a dangerous misconception among some school districts that students who earn average or above-average grades do not need special education services. The Section 504 Resource Guide explicitly addresses this issue:

"School staff should note that a student may have a disability and be eligible for Section 504 services, including modifications, even if the student earns good grades. This is because the student’s impairment may substantially limit a major life activity regardless of whether the student performs well academically."

For example, a student with autism or ADHD may excel academically yet still face significant challenges that require accommodations. They might spend far more time or exert more effort than their neurotypical peers to complete assignments, learn new material, or simply navigate the social aspects of school. Without adequate support, these students can experience burnout, anxiety, and social isolation. The Office for Civil Rights (OCR) further warns against decisions based solely on academic performance:

"A school district might wrongly assume that a student with an above-average GPA does not have a disability and fail to conduct a Section 504 evaluation of that student, even if the school suspects that the student has ADHD or autism or the school is aware that the student has been diagnosed with ADHD or autism outside of school."

Long-Term Consequences of Failing to Provide Accommodations

The long-term consequences of denying accommodations to students with ASD or ADHD extend far beyond the classroom. Autistic individuals face daunting future outcomes, with an unemployment rate of 85%, even among those with high academic achievements. This startling statistic underscores that academic success alone is insufficient to ensure a meaningful, successful adult life. Additionally, autistic people have a significantly shorter life span, averaging just 40 to 60 years, due to the compounded stress and challenges of living without adequate support systems.

Similarly, students with ADHD often face negative long-term outcomes. According to the National Resource Center on ADHD:

"Children with ADHD are at increased risk for lower educational attainment, high school dropout, and difficulties in social and emotional development."

The failure to provide appropriate interventions during school can limit these students’ future educational opportunities, career success, and mental health. The lack of accommodations and support during their formative school years can lead to lifelong struggles in securing and maintaining employment, developing meaningful relationships, and managing mental health issues, such as anxiety or depression.


The Role of Schools in Promoting Academic, Emotional, and Social Success

Schools are not only responsible for promoting a student's academic achievement but also for their emotional and social development. The law recognizes that students with disabilities like autism or ADHD may need different types of support to thrive in all aspects of their education. Denying accommodations based solely on academic success can deprive these students of opportunities to develop essential life skills, cope with social challenges, and maintain mental well-being.

Supporting students holistically is vital for preparing them for life beyond school. As research and real-world outcomes have shown, academic performance is just one part of the puzzle. For students with ASD or ADHD, the ability to navigate social interactions, regulate emotions, regulate sensory stimulus, self advocate, and manage executive functioning tasks can be just as important for long-term success. Without appropriate interventions and accommodations, these students may struggle in areas where their peers thrive, leading to disengagement, mental health challenges, and diminished opportunities in adulthood.


Conclusion

It is imperative that schools recognize the full scope of their responsibilities under IDEA and Section 504. A student's academic success should not overshadow the need for appropriate evaluations and accommodations. Autism, ADHD, and other disabilities often impact more than just grades; they affect a student's ability to participate fully in school life and beyond. Failing to provide necessary services not only violates federal law but also jeopardizes the student's future success—both in terms of employment and overall quality of life.

Public schools must ensure that all students, including those with disabilities who may be performing well academically, receive the comprehensive support they need to succeed emotionally, socially, and academically. By doing so, schools help to pave the way for a more inclusive, equitable, and successful future for all students.


Sources

Individuals with Disabilities Education Act (IDEA):

  • U.S. Department of Education. (2004). Individuals with Disabilities Education Act (IDEA). Retrieved from https://sites.ed.gov/idea.

Section 504 Resource Guide:

Office for Civil Rights (OCR) guidance on academic performance and disability evaluations:

Autism unemployment rate and life expectancy:

  • Scott, M., & Falkmer, M. (2018). The Unseen Workforce: Challenges of Autistic Adults in Employment. Research in Autism Spectrum Disorders, 5(3), 182-191. Retrieved from https://www.sciencedirect.com/science/article/pii/S1750946718300540.

  • Hwang, Y. I., Srasuebkul, P., Foley, K. R., & Trollor, J. N. (2019). Mortality and Cause of Death of Australians on the Autism Spectrum. Autism Research, 12(5), 806-815. doi:10.1002/aur.2086.

ADHD long-term outcomes:

  • National Resource Center on ADHD. (2018). Long-Term Outcomes for Children with ADHD. CHADD. Retrieved from https://chadd.org.

IDEA Laws and Grades:

  • Wright, P. W. D., & Wright, P. D. (2023). Wrightslaw: Special education law (3rd ed.). Wrightslaw.

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